Rejection to Xanthi Turkish Union by the Court of Appeal of Thrace!

Habip Oğlu: “Our trust in justice in our country, Greece, diminishes more in time. However, this decision is rather political not legal, we all know this”

Following adoption of the law 4491/2017, the Thrace Court of Appeal rejected the application of Xanthi Turkish Union for the return of its legal entity. In its judgment of 22 June 2018, the Thrace Court of Appeal rejected Xanthi Turkish Union’s application for the re-opening of the domestic proceedings on the basis of 4491/2017 on grounds that the law, which would enable the applicants to re-open the proceedings in the light of the European Court’s findings in cases concerning national minorities, does not cover cases in which a re-examination has already been made or an application requesting the implementation of the ECHR’s judgment which has already been issued.

The Court of Appeal reminded that Xanthi Turkish Union already applied to the domestic court with the request of revocation of dissolution of Xanthi Turkish Union after the European Court of Human Rights (ECtHR) judgment on 27 March 2008 and noted that the Supreme Court approved the judgement of the local court. On this basis, the Thrace Court of Appeal rejected the application of Xanthi Turkish Union following the law 4491/2017 on the ground that the case, with similar request, was already heard before.

Xanthi Turkish Union: “We see the judgment of Court of Appeal of Thrace as the continuation of “stalling” tactic which has been lasting for ten years with the aim of non-implementation of the judgment of ECtHR”

In its press release dated 9 July 2018, Xanthi Turkish Union stated that it made an application to the Thrace Court of Appeal after new conditions have arisen with the adoption of the law 4491/2017 and noted that the Court, however, did not take into account the new law. Xanthi Turkish Union explained that the decision of rejection by the Court of Appeal of Thrace is the continuation of “stalling” tactic which has been sustained by Greece since 2008 for hindering application of judgment of the ECtHR.

Xanthi Turkish Union, which was established as the first association of the Turkish community in 1927, was dissolved in 1986, following the removal of its signboard in 1983 due to the word “Turkish” in its name. The Cultural Association of Turkish Women in the Prefecture of Rodopi and Evros Minority Youth Association which were not registered on the same grounds with Xanthi Turkish Union, had made an application to ECtHR and the Court had adjudicated through three judgments it made unanimously in 2007 and 2008 that Greece violates the freedom of association of the Turkish community in Western Thrace. And applications for the re-opening of the domestic proceedings with the request for the implementation of the ECtHR’s judgments were rejected on the grounds that the domestic law does not allow for the implementation of the judgments of the ECtHR. Following adoption of the amended law with new restrictions which would enable the Greek national courts to implement the ECtHR judgments regarding the associations of the national minorities living in Greece, Xanthi Turkish Union started proceedings for the return of its official entity and applied to the Court of Appeal of Thrace in December 2017. At the hearing held on 9 February 2018 at the Court of Appeal, Xanthi Turkish Union asked for return of its official legal entity through revocation of the judgment of 2002 of the Court of Appeal of Thrace which approved the dissolution of Xanthi Turkish Union.

Halit Habip Oğlu, the President of Federation of Western Thrace Turks in Europe (ABTTF) stated “It is not surprising, but sad that the Court of Appeal has rejected the application of Xanthi Turkish Union and did not allow the re-opening of the proceedings. Greece claimed that the domestic procedures hinder the implementation of the ECtHR’s judgements and informed the Council of Europe the Committee of Ministers, which has been following the implementation of judgments under the name of Bekir Ousta group of cases since 2008, that there is a need for an amendment in the law for implementation of the judgments. Following adoption of the law with the restrictions in terms of national security and public order after huge discussions, the Court did not accept the application of Xanthi Turkish Union and noted that new law would not cover the case of Xanthi Turkish Union. Our trust in justice in our country Greece diminishes more in time. Moreover, this decision is not legal, but political. We, all, know this. As always, we will be following this issue and will inform the Committee of Ministers. We will support Xanthi Turkish Union in its struggle for the rule of law and democracy.”